REASONABLE AND PROBABLE CAUSE IN THE LAW OF MALICIOUS PROSECUTION: A REVIEW OF SOUTH AFRICAN AND COMMONWEALTH DECISIONS
The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action.It is a vital link between the lawfulness of the prosecution and the state of